What was the outcome of Tenancy Tribunal case 4681189?

The tribunal order states: Troy Campbell must pay My Property Manager Limited as agent for Shannon

How much money was awarded in case 4681189?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $517.50 awarded to landlord; Rent Arrears: $170.36 awarded to landlord; Property Damage: $190.00 awarded to landlord; Garage door handle, bathroom window…: $623.00 awarded to landlord; Water Rates: $22.20 awarded to landlord

What type of tenancy dispute was case 4681189?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4681189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9573808-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4681189?

The tribunal order states: Troy Campbell must pay My Property Manager Limited as agent for Shannon

How much money was awarded in case 4681189?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $517.50 awarded to landlord; Rent Arrears: $170.36 awarded to landlord; Property Damage: $190.00 awarded to landlord; Garage door handle, bathroom window…: $623.00 awarded to landlord; Water Rates: $22.20 awarded to landlord

What type of tenancy dispute was case 4681189?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4681189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9573808-Tenancy_Tribunal_Order.pdf.

32 Shelley Street, Rolleston 7614 Tenancy Tribunal Case 4681189 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4681189 — net $43.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2/9/23 to 4/9/23 (3 days	$170.36	Rent arrears to 2/9/23 to 4/9/23 (3 days
Water rates to 4/9/23	$22.20	Water rates to 4/9/23
Repairs: Garage door handle, bathroom window handle, front door lock, gate, manhole cover, kitchen shelf	$623.00	Repairs: Garage door handle, bathroom window handle, front door lock, gate, manhole cover, kitchen shelf
Lawns and garden work	$517.50	Lawns and garden work
Repairs and painting: Boundary fence, dining room wall manhole frame	$190.00	Repairs and painting: Boundary fence, dining room wall manhole frame
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$43.50
Total payable by Tenant to Landlord	$43.50

Troy Campbell must pay My Property Manager Limited as agent for Shannon and Sas Winikerei $43.50 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,500.00 (5309914-003) to My Property Manager Limited as agent for Shannon and Sas Winikerei immediately.

My Property Manager Limited as agent for Shannon and Sas Winikerei must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.

The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

Ms Morland attended the hearing on behalf of the landlord.

The landlord has applied for rent arrears, compensation, refund of the bond, reimbursement of the filing fee and to dispose of goods the tenant left at the premises at the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 4 September 2023. The landlord provided rent records, water rates invoices and oral evidence which prove the amount owing at the end of the tenancy.

The fixed term tenancy ended on 13 August 2023, but the landlord provided evidence to show that the parties had agreed to an extension to 4 September 2023 with the tenant’s obligations for rent and outgoings to continue to that date. The tenant only paid rent to 1 September 2023 and did not pay a final water rates invoice.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish and return all keys and security devices under section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).

The landlord provided evidence to show that the tenant did not leave the outdoor area reasonably clean and tidy and did not remove all rubbish.

The tenant did not return the keys.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage under sections 40(2)(a), 41 and 49B of the Act.

Damage was caused to the following areas during the tenancy: two sections of boundary fence, garden (dog holes), garden gate, garage door handle, sliding door, bathroom widow handle, dining room wall, manhole cover and kitchen shelf.

The tenant had repaired a substantial area of damage to one boundary fence but had not repainted the repaired area. The tenant had also attempted to repair damage to the dining room wall. Both areas required additional work.

The landlord’s agent provided invoices, pre and post tenancy photographs, and oral evidence to support its claim. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.

The landlord is unable to contact the tenant despite have made numerous attempts by telephone, text message, and email.

It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of the goods under sections 62(3)(b), 62B(2) and (3) of the Act.

As My Property Manager Limited as agent for Shannon and Sas Winikerei has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4681189 — net $43.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2/9/23 to 4/9/23 (3 days	$170.36	Rent arrears to 2/9/23 to 4/9/23 (3 days
Water rates to 4/9/23	$22.20	Water rates to 4/9/23
Repairs: Garage door handle, bathroom window handle, front door lock, gate, manhole cover, kitchen shelf	$623.00	Repairs: Garage door handle, bathroom window handle, front door lock, gate, manhole cover, kitchen shelf
Lawns and garden work	$517.50	Lawns and garden work
Repairs and painting: Boundary fence, dining room wall manhole frame	$190.00	Repairs and painting: Boundary fence, dining room wall manhole frame
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$43.50
Total payable by Tenant to Landlord	$43.50

Order

Troy Campbell must pay My Property Manager Limited as agent for Shannon and Sas Winikerei $43.50 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,500.00 (5309914-003) to My Property Manager Limited as agent for Shannon and Sas Winikerei immediately.
My Property Manager Limited as agent for Shannon and Sas Winikerei must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

Ms Morland attended the hearing on behalf of the landlord.
The landlord has applied for rent arrears, compensation, refund of the bond, reimbursement of the filing fee and to dispose of goods the tenant left at the premises at the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 4 September 2023. The landlord provided rent records, water rates invoices and oral evidence which prove the amount owing at the end of the tenancy.
The fixed term tenancy ended on 13 August 2023, but the landlord provided evidence to show that the parties had agreed to an extension to 4 September 2023 with the tenant’s obligations for rent and outgoings to continue to that date. The tenant only paid rent to 1 September 2023 and did not pay a final water rates invoice.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish and return all keys and security devices under section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).
The landlord provided evidence to show that the tenant did not leave the outdoor area reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage under sections 40(2)(a), 41 and 49B of the Act.
Damage was caused to the following areas during the tenancy: two sections of boundary fence, garden (dog holes), garden gate, garage door handle, sliding door, bathroom widow handle, dining room wall, manhole cover and kitchen shelf.
The tenant had repaired a substantial area of damage to one boundary fence but had not repainted the repaired area. The tenant had also attempted to repair damage to the dining room wall. Both areas required additional work.
The landlord’s agent provided invoices, pre and post tenancy photographs, and oral evidence to support its claim. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
The landlord is unable to contact the tenant despite have made numerous attempts by telephone, text message, and email.
It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of the goods under sections 62(3)(b), 62B(2) and (3) of the Act.
As My Property Manager Limited as agent for Shannon and Sas Winikerei has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4681189 — Property damage at 32 Shelley Street, Rolleston 7614

At a glance

Tenancy Tribunal case 4681189 — Property damage at 32 Shelley Street, Rolleston 7614

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions